DY. COMMISSIONER OF INCOME-TAX, CIRCLE-5, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD., PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 (1) is squarely applicable to the subsidy i.e. the subsidy is relatable to assets. (c) While interpreting the expression "in accordance with" the Hon'ble Supreme Court in para 96 of its judgement in the case of State of Shriniwas Engineering Auto Components Pvt. Ltd. A.Ys. 2016-17 to 2020-21 Haryana Vs State of Punjab

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 (1) is squarely applicable to the subsidy i.e. the subsidy is relatable to assets. (c) While interpreting the expression "in accordance with" the Hon'ble Supreme Court in para 96 of its judgement in the case of State of Shriniwas Engineering Auto Components Pvt. Ltd. A.Ys. 2016-17 to 2020-21 Haryana Vs State of Punjab

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 (1) is squarely applicable to the subsidy i.e. the subsidy is relatable to assets. (c) While interpreting the expression "in accordance with" the Hon'ble Supreme Court in para 96 of its judgement in the case of State of Shriniwas Engineering Auto Components Pvt. Ltd. A.Ys. 2016-17 to 2020-21 Haryana Vs State of Punjab

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD.,PUNE vs. ACIT, CIRCLE-5, PUNE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 (1) is squarely applicable to the subsidy i.e. the subsidy is relatable to assets. (c) While interpreting the expression "in accordance with" the Hon'ble Supreme Court in para 96 of its judgement in the case of State of Shriniwas Engineering Auto Components Pvt. Ltd. A.Ys. 2016-17 to 2020-21 Haryana Vs State of Punjab

ACIT, CIRCLE-5, PUNE, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PRIVATE LIMITED, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 (1) is squarely applicable to the subsidy i.e. the subsidy is relatable to assets. (c) While interpreting the expression "in accordance with" the Hon'ble Supreme Court in para 96 of its judgement in the case of State of Shriniwas Engineering Auto Components Pvt. Ltd. A.Ys. 2016-17 to 2020-21 Haryana Vs State of Punjab

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. ITO WARD6(1), PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

section 2 (24) does not mean that in\norder to exclude the government subsidy from the definition of\nincome the assessee has to established that the explanation 10 to\nsection 43 (1) is squarely applicable to the subsidy i.e. the subsidy is\nrelatable to assets.\n\n(c) While interpreting the expression \"in accordance with\" the Hon'ble\nSupreme Court

ACIT, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PRIVATE LIMITED, PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

section 2 (24) does not mean that in\norder to exclude the government subsidy from the definition of\nincome the assessee has to established that the explanation 10 to\nsection 43 (1) is squarely applicable to the subsidy i.e. the subsidy is\nrelatable to assets.\n(c) While interpreting the expression \"in accordance with\" the Hon'ble\nSupreme Court

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. ITO WARD 6(1), PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

section 2 (24) does not mean that in\norder to exclude the government subsidy from the definition of\nincome the assessee has to established that the explanation 10 to\nsection 43 (1) is squarely applicable to the subsidy i.e. the subsidy is\nrelatable to assets.\n(c) While interpreting the expression \"in accordance with\" the Hon'ble\nSupreme Court

PARAG MILK FOODS LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, the Appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.177/Pun/2022 िनधा"रण वष" / Assessment Year :2016-17 Parag Milk Foods Ltd., The Assistant Awasari Phata,Village Manchar, Vs Commissioner Of Income Tal - Ambegaon, Tax, Circle-4, Pune. Dist-Pune – 411503. Pan: Aabcp 0425 G Assessee/ Appellant Respondent /Revenue Assessee By Shri Suhas Bora – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 24/04/2023 Date Of Pronouncement 21/06/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax (Appeal)[Ld.Cit(A)], Pune-11 Dated 04.02.2022 Emanating From Assessment Order Under Section 143(3) Of The Act Dated 26.12.2018 For A.Y.2016-17. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Cit(A) Has Erred In Confirming The Action Of The Assessing Officer Of Making An Addition Of Rs.1,15,71,588/- On Account Of Disallowance Of Deduction U/Sec.80Ia Of The Act On The Ground That The Assessee Has Not Complied With The Conditions Which Are Necessary To Claim Deduction U/Sec.80Ia Of The Act & Failed To Furnish Any Concrete Evidence To Prove That The Parag Milk Foods Ltd., [A]

37 as it was wholly and exclusively for the purpose of business of assessee. 6. On the other hand, the ld.Departmental Representative(ld.DR) relied on the orders of Lower Authorities. 8 Parag Milk Foods Ltd., [A] Findings and Analysis : 7. We have heard both the parties and perused the records. In this case the assessee has claimed deduction u/s.80IA

DCIT, CIRCLE-8, PUNE vs. MAHLE ANAND THERMAL SYSTEMS PVT. LTD., PUNE

37 of the Act.\n\n6.\nThe learned CIT(A) after having confirmed the denial of weighted deduction claimed u/s 35 (2AB) in respect of expenditure of capital nature on approved in house R & D viz. cost of tangible assets erred in not allowing deduction at one hundred percent under the provisions of Section 35(1) (iv) or depreciation

INDUS BIOTECH LIMITED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the assessee is partly allowed for statistical\npurposes

Section 37 of the\nIncome Tax Act, 1961.\"\n15. We find the Co-ordinate Bench of the Tribunal in the case of Aurangabad\nElectricals Ltd. vs. DCIT (supra) has directed the Assessing Officer to allow the\nexpenditure of abandoned IPO as revenue expenditure by observing as under:\n\"9. We heard the rival submissions and perused the material on record

DCIT,CIRCLE-8 , PUNE vs. MAHALE ANAND THERMAL SYSTEMS PVT. LTD. , PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

37 of the Act. 6. The learned CIT(A) after having confirmed the denial of weighted deduction claimed u/s 35 (2AB) in respect of expenditure of capital nature on approved in house R & D viz. cost of tangible assets erred in not allowing deduction at one hundred percent under the provisions of Section 35(1) (iv) or depreciation

DCIT CIRCLE 8 , PUNE vs. MAHLE ANAND THERMAL SYSTEMS PVT. LTD, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

37 of the Act. 6. The learned CIT(A) after having confirmed the denial of weighted deduction claimed u/s 35 (2AB) in respect of expenditure of capital nature on approved in house R & D viz. cost of tangible assets erred in not allowing deduction at one hundred percent under the provisions of Section 35(1) (iv) or depreciation

MAHLE ANAND THERMAL SYSTEMS PRIVATE LIMITED,PUNE vs. DY COMMISSIONER OF INCOME TAX, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

37 of the Act. 6. The learned CIT(A) after having confirmed the denial of weighted deduction claimed u/s 35 (2AB) in respect of expenditure of capital nature on approved in house R & D viz. cost of tangible assets erred in not allowing deduction at one hundred percent under the provisions of Section 35(1) (iv) or depreciation

SEMPERTRANS INDIA PRIVATE LIMITED,ROHA vs. INCOME-TAX OFFICER, PANVEL

In the result, appeal filed by the assessee is partly\nallowed for statistical purposes

37 of the Act.\n15. Initiating penalty proceedings under section 274 read with\nsection 270A of the Act, without appreciating the fact that the\nadditions made by the Ld. AO are not in accordance with the law.\nWithout prejudice to the above grounds\n16. On the facts and circumstances of the case and in law, the\nAO has erred

M/S. CARRARO INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, both the appeals are partly allowed for statistical purposes

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.1261/Pun/2018 निर्धारण वषा / Assessment Year : 2010-11 M/S. Carraro India Private Vs. Dcit, Circle-1(1), Limited, Pune B-2/2, Midc, Ranjangaon, Pune – 412 220 Maharashtra, India Pan : Aaacc5292M Appellant Respondent आयकर अपीऱ सं. / Ita No.1309/Pun/2018 निर्धारण वषा / Assessment Year : 2010-11 Dcit, Circle-1(1), Vs. M/S. Carraro India Private Pune Limited, B-2/2, Midc, Ranjangaon, Pune – 412 220 Maharashtra, India Pan : Aaacc5292M Appellant Respondent Assessee By Shri M.P. Lohia Revenue By Shri Shivraj B. Morey Date Of Hearing 14-07-2021 Date Of Pronouncement 15-07-2021

depreciation @25%. Secondly, he held that the total amount of Royalty paid at Rs.2.36 crore was not paid for any business purpose. Invoking the provisions of section 37

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE vs. M/S. CARRARO INDIA PVT.LTD,, PUNE

In the result, both the appeals are partly allowed for statistical purposes

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.1261/Pun/2018 निर्धारण वषा / Assessment Year : 2010-11 M/S. Carraro India Private Vs. Dcit, Circle-1(1), Limited, Pune B-2/2, Midc, Ranjangaon, Pune – 412 220 Maharashtra, India Pan : Aaacc5292M Appellant Respondent आयकर अपीऱ सं. / Ita No.1309/Pun/2018 निर्धारण वषा / Assessment Year : 2010-11 Dcit, Circle-1(1), Vs. M/S. Carraro India Private Pune Limited, B-2/2, Midc, Ranjangaon, Pune – 412 220 Maharashtra, India Pan : Aaacc5292M Appellant Respondent Assessee By Shri M.P. Lohia Revenue By Shri Shivraj B. Morey Date Of Hearing 14-07-2021 Date Of Pronouncement 15-07-2021

depreciation @25%. Secondly, he held that the total amount of Royalty paid at Rs.2.36 crore was not paid for any business purpose. Invoking the provisions of section 37

DY. COMMISSIONER OF INCOME TAX CIRCLE-1(1) , PUNE vs. FIAT INDIA AUTOMOBILES PRIVATE LIMITED, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

depreciation (“UD”) were required to be reduced for the purposes of Explanation (iii) to section 115JB of the Act, on a conservative and rational basis, the assessee, in its return of income for AY 2013-14 filed on 26th November 2013,reduced the amount of INR 300 crores in the ratio of BFL and UD (refer Page